British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475 (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/important-notice-priority-5-applications-sc-176-475-a-865435/)

PR33T Sep 19th 2015 6:26 pm

IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Guys Please read this and if u are a P5 SC176 or SC475. Please read this link and the new ministral dierction https://www.comlaw.gov.au/Details/F2...Statement/Text

Please raise you voice against this new ministral directive and support all offshore 176 and 475 applicants. All of us waited patiently for more then 7 yrs to known that our files are deemed as never been applied. And only handle full of visas will be granted.

Please join us on twitter to collectively appeal to the.minister and build a consensus. Please look for @GSM176_475 on twitter and support the cause. Please please help from all will be much APPRECIATED. THANK YOU ALL.

PLEASE FOLLOW @ GSM176_475 on TWITTER AND HELP.

louie Sep 20th 2015 7:52 am

re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
I can't imagine how awful it must be to have your life on hold for that period of time and with no end in sight. Australia is and has been behaving disgracefully towards people in your situation and you have my sympathy and support, not that I think that will do any good. I wish you luck.

PR33T Sep 20th 2015 8:19 am

re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Thanks you very much Louie. Why did they make us wait for 7 years.

Pollyana Sep 20th 2015 10:45 am

re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
I have to admit its not unexpected. Reminds me of similar cap and cease actions a few years back.
That's not to say it isn't horrendously unfair on people who have waited years in good faith.

The basics, for those reading on mobile devices:

...................the fixed maximum number of the specified visas that may be granted within the financial year 1 July 2015 to
30 June 2016 for:

a) Subclass 175 Skilled – Independent visas: 219;

b) Subclass 176 Skilled – Sponsored visas: 36; and

c) Subclass 475 Skilled – Regional Sponsored visas: 29.

Section 39(2) of the Act, when read with this determination and the relevant criterion for each class, has the effect that when grants of that relevant subclass have reached the ministerially determined maximum, any outstanding applications for visas of that subclass are taken not to have been made.

The department has undertaken internal stakeholder consultation. External consultation, including the notification of affected clients, will be undertaken closer to the implementation date on 22 September 2015.

PR33T Sep 20th 2015 11:02 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Please support us on twitter. The numbers they will approve are meagre.

Pollyana Sep 20th 2015 12:11 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by PR33T (Post 11753325)
Please support us on twitter. The numbers they will approve are meagre.

I agree. I've made this a sticky thread to make people aware of what is happening.

PR33T Sep 20th 2015 2:15 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Thank you Pollyana and to all who are supporting us. Everyone in the P5 group are very grateful.

Alan Collett Sep 23rd 2015 3:46 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Cap and Cease arrangements for offshore General Skilled Migration visa applications


Cap and cease details have been now announced on the Department of Immigration website, affecting undecided skilled visa applications under subclasses 175, 176, and 475.

The webpage advises how to request a repayment from the DIBP in respect of Visa Application Charges paid to the Department when the visa application was submitted.

Regrettably this offer to repay doesn’t include the other costs incurred by visa applicants: migration skills assessments, IELTS tests, or State Sponsorship applications – or migration agent fees.

Best regards.

PR33T Sep 23rd 2015 4:23 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Dear Allan
Your advice and other members who have any know how or suggestions are welcome on this issue. A small group of P5 are planning to go to court, and are seeking advice. Your inputs will be very important to us.
Thank you all.
Any P5 applicant want to join us to protest this harsh decision. Can join us on FB.

Pollyana Sep 23rd 2015 6:12 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by PR33T (Post 11755625)
Dear Allan
Your advice and other members who have any know how or suggestions are welcome on this issue. A small group of P5 are planning to go to court, and are seeking advice. Your inputs will be very important to us.
Thank you all.
Any P5 applicant want to join us to protest this harsh decision. Can join us on FB.

I wish you luck but going by previous cap n cease experiences I don't hold out much hope :(

PR33T Sep 23rd 2015 8:10 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Pollyana (Post 11755658)
I wish you luck but going by previous cap n cease experiences I don't hold out much hope :(

Yeah!! Looks like it will be very difficult and may further disappoint us at the end. But there are people who want some justification on "Why did the immigration department had to make us wait 7 years" for this reply. They could have straightaway provided us with refunds, that would have saved our time and could have explored other opportunities."

Like Taking up further education to make up the points etc.

Recently Canada opened FSW application, they did not charge application money till the application was actually accepted.
Where as, we had paid for a service upfront which was not delivered to us after 7 years of wait, and not to mention other preparations that we had to do.

Though the minister has every right to look after the national interest of Australia. But it has to be humanely fair.

A person who applied at the age of 33 is now 40 and loosing out on 5 valuable points, and taking up further studies at 40 is out of questions.

More suggestions are welcome. We are also looking for a good Lawyer who can handle this case tactfully. Please do refer if you know of any.

Pollyana Sep 23rd 2015 11:12 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by PR33T (Post 11755693)
Yeah!! Looks like it will be very difficult and may further disappoint us at the end. But there are people who want some justification on "Why did the immigration department had to make us wait 7 years" for this reply. They could have straightaway provided us with refunds, that would have saved our time and could have explored other opportunities."

Like Taking up further education to make up the points etc.

Recently Canada opened FSW application, they did not charge application money till the application was actually accepted.
Where as, we had paid for a service upfront which was not delivered to us after 7 years of wait, and not to mention other preparations that we had to do.

Though the minister has every right to look after the national interest of Australia. But it has to be humanely fair.

A person who applied at the age of 33 is now 40 and loosing out on 5 valuable points, and taking up further studies at 40 is out of questions.

More suggestions are welcome. We are also looking for a good Lawyer who can handle this case tactfully. Please do refer if you know of any.

I can only go on the previous experiences of cap and cease that are documented on here. It only ever happens after several years have gone by, and Australia has always wanted payment for visas upfront. The charge is generally for the processing, and if they find in the end that the person doesn't qualify for a visa and gets rejected, then that person is not likely to pay after a rejection!

I'm not saying that I necessarily agree with this, just explaining :)

Contacting agents (such as Alan who posted earlier) may produce names of lawyers willing to take the job on, or who have dealt with previous cap n cease programmes.

lucierainbow Sep 30th 2015 8:57 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Hi people. I received my Cap and Cease email last week. Im so sorry for everyone that has been left in the lurch (including myself) We'd have been waiting 7 years. I wish you all massive luck! I am in a position where my life had changed so much that I was waiting for the day to get my money back. My parents had waited so long for us that they actually gave up Oz and came back to the UK and I now have another child and friends and a HOME and feel settled!!!! 7 years ago (maybe even 3 years ago I didn't have those things) Our treatment has been appauling. I therefore with some reluctance ask this question. The criteria for a refund are very strict. Laughably a bank statement and a copy of the credit card you paid with......well need I say i have neither. I have my lovely official receipt and im not 100% sure why they'd ask for something that most people will not have 7 years later "if your application was lodged over the internet, a bank statement clearly listing the name on the account, the card number and the payment must be provided, along with a photocopy of the credit card used."Can't help feeling VERY like the dept is trying to put massive hurdles in the way to prevent a refund. Anyway I will write to them and see what more they accept. They will NOT be keeping my money a moment longer than I can allow!!!Anyone any thoughts/ideas?

lucierainbow Sep 30th 2015 9:01 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
may i also add that if I'd have been told at time f processing that this was required I would have it. I was VERY belt and braces about my application and have copies of pretty much everything....just not a blumin copy of a credit card (im a little annoyed at myself for not having a statement BUT usually i'd only keep 7 financial years professionally anyway.

Dorothy Sep 30th 2015 9:24 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by PR33T (Post 11755693)
and taking up further studies at 40 is out of questions.

How do you figure? I'm 52 and in the middle of further study. I will be 53, nearly 54 when I graduate and embark on my new career. 40 is still early to mid career if you consider that most people in Australia will be working until they're 70 or older.

msmyrtle Oct 9th 2015 9:05 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Dorothy (Post 11761375)
How do you figure? I'm 52 and in the middle of further study. I will be 53, nearly 54 when I graduate and embark on my new career. 40 is still early to mid career if you consider that most people in Australia will be working until they're 70 or older.

Yeah, but if you're retraining for a skilled occupation starting at 40 means you will finish at 44 (say), and if you need to have work experience to be considered skilled that may push you over 45. No age points and no work experience points = no chance of skilled migration

lucierainbow Nov 12th 2015 10:04 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Hi People
Just a quick update with regards refunds for those of us who have well and truly given up. I wrote to border.gov.au and received this reply regarding 7 plus years and not having documention.
' Dear Lucie The Department recognises that due to the length of time which has passed since this application was made you may no longer have access to the credit card/bank statement which was used to pay the VAC. In this case you may provide a Statutory Declaration stating the method of payment and the reason you are unable to provide evidence of the payment. Please note that the Department will make every attempt to verify payment claims, however if unable to do so the VAC cannot be repaid.'May I add that if they are unable to 'verify payment claim' (I have a receipt! but understand this isnt evidence???) I will go for em no matter the cost.

Aitchy Jan 24th 2016 2:29 pm

176 cap and cease - class action and changing visa class
 
I have only just discovered the sticky on the cap and cease for 176 applicants. We paid $2,100 for our 176 visa application in 2009.

Since making the application in my name my wife has graduated as a teacher. Does anyone know if there's a way to put the application in her name or do we have to start all over again from scratch?

If the latter, how do we get a refund on the original?

And what about this class action? Is it too late to join?

Any advice appreciated.

Pollyana Jan 24th 2016 2:38 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
I've merged your post with the original thread, which was a sticky thread for a while.

As I understand it, if your application has been cap and ceased, then you will have to start again, but it might be worth getting a consultation with a registered agent. If you look at Post 8 above from Alan Collett he comments on how to apply for a refund.

Good luck.

Aitchy Jan 24th 2016 2:42 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Thank you Pollyana. Will do that.

mrsgreenstar76 Jan 26th 2016 1:50 am

Re: 176 cap and cease - class action and changing visa class
 

Originally Posted by Aitchy (Post 11846653)
I have only just discovered the sticky on the cap and cease for 176 applicants. We paid $2,100 for our 176 visa application in 2009.

Since making the application in my name my wife has graduated as a teacher. Does anyone know if there's a way to put the application in her name or do we have to start all over again from scratch?

If the latter, how do we get a refund on the original?

And what about this class action? Is it too late to join?

Any advice appreciated.

You will need to reapply. Your original application doesn't exist anymore as far as DIBP are concerned. You should have the details of how to apply for a refund in the cap & cease letter. It's taking about 16 weeks for refunds to be processed according to DIBP.

I'm not sure about the class action, sorry.

I do feel for you - we're in the same boat. Our application for a 475 was capped & ceased. It's a horrible feeling, and so disappointing after almost 7 years of waiting.

I wish you all the best in applying for a new visa, if you choose to do so.

Aitchy Feb 9th 2016 9:41 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Thanks for the advice. Looks like we will have to reapply in my wife's name. What a monumental waste of time, effort and money. In retrospect I'm beginning to think we should have gone with a trusted agent rather going down the DIY route. Perhaps they'd have seen this coming and advised us accordingly. Anyway, onwards and upwards.

mrsgreenstar76 Feb 9th 2016 9:44 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Aitchy (Post 11862021)
Thanks for the advice. Looks like we will have to reapply in my wife's name. What a monumental waste of time, effort and money. In retrospect I'm beginning to think we should have gone with a trusted agent rather going down the DIY route. Perhaps they'd have seen this coming and advised us accordingly. Anyway, onwards and upwards.

No problem. Truth be told, I don't think anyone could have foreseen this.

Still, I wish you and your wife all the best in your new application. Let us know how you get on. :)

Pollyana Feb 9th 2016 10:30 am

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Aitchy (Post 11862021)
Thanks for the advice. Looks like we will have to reapply in my wife's name. What a monumental waste of time, effort and money. In retrospect I'm beginning to think we should have gone with a trusted agent rather going down the DIY route. Perhaps they'd have seen this coming and advised us accordingly. Anyway, onwards and upwards.

I don't think the agents really expected it anymore than anyone else - many people who used agents have been caught up in it too, and a lot of good agents give free advice on forums, one of them mentioned it as being a possible issue

Aitchy Mar 8th 2016 3:54 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by lucierainbow (Post 11792254)
Hi People
Just a quick update with regards refunds for those of us who have well and truly given up. I wrote to border.gov.au and received this reply regarding 7 plus years and not having documention.
' Dear Lucie The Department recognises that due to the length of time which has passed since this application was made you may no longer have access to the credit card/bank statement which was used to pay the VAC. In this case you may provide a Statutory Declaration stating the method of payment and the reason you are unable to provide evidence of the payment. Please note that the Department will make every attempt to verify payment claims, however if unable to do so the VAC cannot be repaid.'May I add that if they are unable to 'verify payment claim' (I have a receipt! but understand this isnt evidence???) I will go for em no matter the cost.

It's been a long time since I was involved in preparing all these documents so apologies for the inane post but when it asks for a "statutory declaration" for the bank payment refund which template do I use and do I need to get it signed by a Justice of the Peace?

Info here but I've no idea if it's a Commonwealth matter or what?

https://www.ag.gov.au/Publications/P...larations.aspx

Bermudashorts Mar 8th 2016 4:17 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Aitchy (Post 11889776)
It's been a long time since I was involved in preparing all these documents so apologies for the inane post but when it asks for a "statutory declaration" for the bank payment refund which template do I use and do I need to get it signed by a Justice of the Peace?

Info here but I've no idea if it's a Commonwealth matter or what?

https://www.ag.gov.au/Publications/P...larations.aspx

It needs to be stamped by a notary (solicitor) or JP. If you are in the UK still then the notary (or JP) would expect you to b using the UK format not the Australian one. You should find a template easily enough with Google, I have found format very easily but don't know how to paste links on mobile.

Aitchy Mar 8th 2016 4:27 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Bermudashorts (Post 11889792)
It needs to be stamped by a notary (solicitor) or JP. If you are in the UK still then the notary (or JP) would expect you to b using the UK format not the Australian one. You should find a template easily enough with Google, I have found format very easily but don't know how to paste links on mobile.

Ah. Thank you. Have found some UK templates. Now need to find a friendly lawyer.

Bermudashorts Mar 8th 2016 4:56 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 

Originally Posted by Aitchy (Post 11889802)
Ah. Thank you. Have found some UK templates. Now need to find a friendly lawyer.

The lawyer doesn't strictly need to be friendly. ;)

chrissy990 Jul 8th 2016 11:26 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Hi, have you received a refund yet? We submitted our refund claim in January and are still waiting.


Originally Posted by lucierainbow (Post 11761362)
Hi people. I received my Cap and Cease email last week. Im so sorry for everyone that has been left in the lurch (including myself) We'd have been waiting 7 years. I wish you all massive luck! I am in a position where my life had changed so much that I was waiting for the day to get my money back. My parents had waited so long for us that they actually gave up Oz and came back to the UK and I now have another child and friends and a HOME and feel settled!!!! 7 years ago (maybe even 3 years ago I didn't have those things) Our treatment has been appauling. I therefore with some reluctance ask this question. The criteria for a refund are very strict. Laughably a bank statement and a copy of the credit card you paid with......well need I say i have neither. I have my lovely official receipt and im not 100% sure why they'd ask for something that most people will not have 7 years later "if your application was lodged over the internet, a bank statement clearly listing the name on the account, the card number and the payment must be provided, along with a photocopy of the credit card used."Can't help feeling VERY like the dept is trying to put massive hurdles in the way to prevent a refund. Anyway I will write to them and see what more they accept. They will NOT be keeping my money a moment longer than I can allow!!!Anyone any thoughts/ideas?


lucierainbow Dec 1st 2016 5:46 pm

Re: IMPORTANT NOTICE FOR PRIORITY 5 APPLICATIONS SC 176 & 475
 
Hi Chrissy990 Nope. Still no refund. 54 weeks. Just emailed. I get a bland, unhelpful reply every time. Apparently my refund was sent to finance in Nov 2015.....and its still there.


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